Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1887-11-04
should 90 to Ireland and should make

SnOuIQ 60 10 Ireland ana SnOulQ MAKE
some remarks about the advantages
# republican form of government.
and should be arrested aud tried by
the Crimes act in violation OF the
treaty, would we not stand up and
say that this man must be tried by a
fair and impartial jury-he must be
tried as an Englishmau would have
been tried at the time the treaty was
made, and that he cannot be dealt
Wi in a more SUNNI Try way under
a later law If this should happen,
Gen Butler said, be hoped that the
English authorities would not be able
to hold up to him decision of the
United States Supreme Court sustain
ing the right to try an Englishman by
the local law Of a State which was
nothing bat swamp and bowling
wilderness at the time the treaty was
ratified.
Returning to the rights of States,
Gen. Butler said that he was not pre-
pared to deny that a State might
change its organic law with the con-
sent of ell its citizens, but such chang
es would not bind citizen of another
State who had not assented to them
HITTING NEWSPAPERS.
After some d5sultory remarks about
the record and the necessity of having
it before the Court, and another refer
ence to breaking open safes and desks,
Gen. Butler said: There is no doubt
that the prisoners were entitled 10 a
trial by an impartial jury stupid
jury if you please-because | don't
think mau who reads newspapers is
any the more competen. to try case
rather worse if he pays any atten-
tion to their lies" AS enunciated
by Chief Justice of the Supreme
Court, an impartial juror. he said, is
one who is standing in freedom OF
mind without bias of prejudice, and is
Indifferent" The petitioners were
noe tried by snch jury aud are enti-
tied to protection under the Federal
Constitution. "If," he said, 'the
Court is TO give me jurors as prejudi-
ced as some of those in this case,
had better go to land of Hottentots.
for they would not allow me to be
stolen and taken back into Illinois u
Gen. Buffers alusion is to the
Kidnapping of Ker referred to by
COUNSEL on the other side in defend
ing their search and seizure
In reply to Mr.. Grinnell's state.
menJ that the record would show that
the defense were more ready to take
the last juror. Sanford, than the State
was, Geh Butler said that they were
compelled to accept the last juror
Their peremptory challenges were ex
hausted and they could do nothing
else. Under these circumstances
they talked to him and coaxed him
into a state of mind as favourable to
their side as they could. That was
what the record referred to by Mr.
Grinnell would show, and nothing
more.
Gen. Butler then referred to the
assertion of counsel on the other side
that the petitioners had waived some
of their rights through not insisting
upon them bv exception or objection
at the proper time, and that therefore
they were estopped from asserting
those rights now in this court. He
contended, however, that W hen a man
was on trial for bis life there was nc
such thing as waiver or an estop
pei. In capital offenses a prisoner
cannot waive Willingly or unwilling.
ly anything that will affect the issue
In support of this contention he cited
the opinion of Chief Justice Shaw in
the case of DR.. Webster. The pris.
oners, he maintained, could not be
barred out because they had not rails
ed sufficient formal objections.
Gen. Butler then returned again to
the unreasonable searches and seiz.
ures" complained of by the petition.
ers, and said his associate, Mr.. Tucker
had characterized the proceeding as O
"subpena duces tecuna" executed by
locksmith. "Why, your honors, y
he exclaimed. "they searched under q
burglary headed by the States At
torney on his own admission-no mis-
erable policeman or halt-witted Con.
stable, but the States Prosecution
Attorney does the burglary, steals
the papers, and says you can't help
that. He puts it with sort of tri-
umph, and yet we are told that our
immunities and privileges are not in
vaded, and our remedy is to sue for
trespass What beautiful remedy.
Sue the States Attorney and be tried
by such jury as the laws OF Illinois
would give, Better be in place not
to be named for comfort"
AS final reason why the writ
should be granted, Gen. Butler urged
that the prisoners had been sentenced
to death iG their absence and without
being asked whether they had any
reason to give why the sentence OF
death should not be pronounced upon
them. The record, he said. did not
show that they were absent wien
sentenced, but they could prove it,
They record showed that they were
present, but they could prove by halt
of Chicago that this was a mistake.
In conclusion Gen. Butler said:
MAY l, in closing, make one obser-
yatioD? If mems lives can be taken
in this way. as you have seen exhib-
tied here to-day. better anarchy
better be without law than with any
such law" Gen Butler then thank
ed the Court for its indulgence and
took his seat.